Philadelphia ex rel. Mack v. Eddleman
Supreme Court of Pennsylvania
Appeal, No. 94, Jan. T., 1895, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1891, No. 504, M. L. D., making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur municipal lien.
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Appeal, No. 94, Jan. T., 1895, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1891, No. 504, M. L. D., making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur municipal lien. Defendant filed an affidavit of defense which was as follows: “ Plaintiff has filed a lien against my property, situate on Ridge avenue, Roxborough, for the paving of the roadway, on said Ridge avenue iu front thereof, and said lien is the subject-matter of above suit. “ Said paving was with what is called Belgian blocks, and is not the original paving of said…
1Opinion of the Court
Opinion by
Mjr. Justice Mitchell,
No particular material is necessary to constitute a pavement. It may be made of anything which will produce a hard firm smooth surface for travel. But that with which we are specially concerned in the class of cases to which this belongs, is a pavement which marks the ^conversion in a legal sense, of a common road into a street, for that is the only kind for which under the settled line of authorities from Hanmiett v. Philadelphia, 65 Pa. 146, down, an abutting property owner can be compelled to pay. As said by the present chief justice in Harrisburg v.…
2Cases cited10 opinions
- Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- City of Harrisburg v. SegelbaumSupreme Court of Pennsylvania · 1892
- Watts's EstateSupreme Court of Pennsylvania · 1893
- Alcorn v. City of PhiladelphiaSupreme Court of Pennsylvania · 1886
- Philadelphia v. BakerSupreme Court of Pennsylvania · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Vendetti AppealSuperior Court of Pennsylvania · 1956
- Philadelphia v. HaferSuperior Court of Pennsylvania · 1909
- Dick v. PhiladelphiaSupreme Court of Pennsylvania · 1901
- Harrisburg v. FunkSupreme Court of Pennsylvania · 1901
- Pottsville v. JonesSuperior Court of Pennsylvania · 1916
23 more not listed; retrieve them via the Exa API.